85R11290 SMT-D
 
  By: Kolkhorst S.B. No. 1565
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the procedure for ordering medical or dental services
  for certain persons admitted to or committed to care at certain
  state facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 551.041, Health and Safety Code, is
  amended by amending Subsection (c) and adding Subsection (e) to
  read as follows:
         (c)  If a department requests consent to perform medical or
  dental treatment or services from a person or the guardian of the
  person whose consent is considered necessary and a reply is not
  obtained immediately, or if there is no guardian or responsible
  relative of the person to whom a request can be made, the
  superintendent or director of a department facility shall order:
               (1)  medical treatment or services for the person on
  the advice and consent of three primary care providers, at least two
  of whom are [physicians] licensed by the Texas Medical Board [, at
  least one of whom is primarily engaged in the private practice of
  medicine]; or
               (2)  dental treatment or services for the person on the
  advice and consent of two dentists [a dentist] licensed by the State
  Board of Dental Examiners and of one physician [two physicians]
  licensed by the Texas Medical Board [, at least one of whom is
  primarily engaged in the private practice of medicine].
         (e)  For purposes of this section, "primary care provider"
  means a health care professional who provides health care services
  to a defined population of residents. The term includes a physician
  licensed by the Texas Medical Board, an advanced practice
  registered nurse licensed by the Texas Board of Nursing, and a
  physician's assistant licensed by the Texas Medical Board.
         SECTION 2.  The changes in law made by this Act apply only to
  a medical or dental procedure performed on or after the effective
  date of this Act. A medical or dental procedure performed before the
  effective date of this Act is governed by the law as it existed
  immediately before the effective date of this Act, and that law is
  continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2017.